HELP- What does "Notice of Dismissal for lack of service deadline" mean?
It means the lawsuit has been dismissed, made to go away, because the person being sued was never legally given the lawsuit. You have a certain amount of time to serve (give the suit to) the person you are suing. If you don't do that, it's like the suit was never filed. If you are doing the suing, refile it and make sure it gets served. Often you can do that with just certified mail, or hire a process server. Make sure you refile within the statute of limitations, the legal time limit for suing. (What that time is depends on what you are suing about and what state you are in.)
Would a civil lawsuit that was dismissed show in an employee background check?
Most background checks are done for criminal history as it’s what companies are usually concerned about when bringing new employees into the workplace or interacting with customers.It’s possible that some may do civil checks, but the reality is that state and federal statutes require disclosure of negative/failed results that result in rescinding of employment offers. Perhaps for people involved with sensitive financial information or governmental positions civil suits may matter, but you’d need to check with an attorney to see how legally-defensible they are.I can’t say for 100% that civil suits haven’t caused problems, but I can say that most employers simply don’t do them because they’re hard to use.Hope that helps and good luck.
Can someone get fired for testifying against the boss in a lawsuit?
Employee hurt at work-another employee witnessed incident but quit after-injured told superviser, boss, owner-obvious they hurt and now boss denying that employee said anything at the time-that employee had to quit due to pain and is now suing company-since everyone (including superviser, boss, owner, employees) saw that person in obvious pain in front of superviser, boss, owner, can employees be called by the suing employee to testify against the boss that that employee was obviously in pain (sitting on box instead of chair to alleviate pain, keyboard on books to adjust height to alleviate pain). They all saw this employee do this...also makes me wonder what kind of boss we are working for if someone else gets hurt...good paying job, don't want to lose, but scared at the same time about the ethics of employer if someone else gets hurt in the future. Now have to sign "I did not get hurt, I did not witness anyone else get hurt" forms to get paycheck--blackmail/intimidation?
Can you fire an employee for being a KKK member?
technically, you cannot terminate an employee due to political affiliations or membership in fraternal organizations. My question is how would the employer know about his membership in the KKK? Is he posting KKK pictures or images in his office or cubicle? Is he harrassing other employees? Is he distributing KKK literature on company premises? Is he wearing offensive clothing? All of those could be grounds for dismissal. In those cases, it is not his membership that is the grounds for dismissal, but the specific actions that are the grounds.
In India, can an employee sue an employer for wrongful termination?
Technically yes, if termination is against the employment conditions as mentioned in appointment letter, And so read your appointment letter regarding notice period and seek a legal opinion.Here it's important to mention the statutory laws like Minimum Wage PF, ESIC, Grautity and Bonus has to be adhered to in all conditions irrespective, as mentioned in various acts . Bonus in termination cases is generally withdrawn.But there is a practical side, higher one moves up the ladder more insecure one becomes and so he/she avoids legal recourse because it impacts future employment, to avoid being labelled as a trouble maker and avoid termination word per se in relieving letter. This gives rise to “deemed exploitation” - if I may refer it to as exploitation in the first place- to forcefully make someone resign and force a “graceful” exit.With changing work profiles and sure downfall of existing IT industry we can forecast a change in employement work conditions soon, hopefully positive
Can I sue my employer for wrongful termination if I am an at-will employee?
“At will” employment means that your employer may fire you for any reason (for no reason at all) and at any time. Therefore, how do you know if your termination was legal or illegal (also called "wrongful termination")?There are some notable exceptions to “at-will” employment that may help you keep your job or make a claim against your former employer for wrongful termination. These include:Written PromisesIf you have a written statement that promises you job security, you may argue that you are not an at-will employee. For example, you may have a written contract that states that you can only be fired for reasons described within the agreement or you may have an offer letter that promises continued employment to you - if so, you might be able to enforce those promises in an employment tribunal.Implied PromisesAnother exception to the “at-will” employment is an implied employment contract, which can be an agreement based on things your employer said or did. Such implied contracts have been found where the job was for a specific period or where the employers provide particular forms of progressive discipline. Therefore, in deciding whether an implied promise exists, the tribunal may look at whether your employer gives any assurances that you would have continuing environment or promises of long-term employment were made.DiscriminationEmployers cannot fire at-will employees on the grounds of race, colour, nationality, gender, religion, disability, age, pregnancy, or genetic information. If you are subjected to any form of discrimination at the workplace and subsequently fired, you may proceed to file an employment tribunal claim.WhistleblowingIn the UK, the employment law protects all employees from whistleblowing (reporting activities that are unlawful). Therefore, if your employer fires you after you found out that they’ve broken any law, regulation, or ordinance, you may be able to file a claim for wrongful termination.
Can a lawsuit be brought against this company?
If an employee was promoted to a position without the remaining candidates who were promised a second round of interviews being interviewed, can a lawsuit be brought against the company for unfair practices. The interview process was not complete, but a final applicant was selected. Also the remaining candidates who were promised a second round of interviews have this promise is writing via email.
What are some situations that constitute a "wrongful termination" lawsuit?
In the U.S., most employees work "at will." They can lose their job at any time, for any reason -- almost.But there are exceptions. Discrimination - Age, race, sex, religion, disability -- employees who are members of a "protected class" can't be fired because of an issue related to how old they are, their religious practices, their gender, anything related to "disability", their skin color or national origin, or any other discriminatory reason. Retaliation - You can't be fired for filing a workers compensation claim. Or for filing a complaint under the EEOC. Or for filing a civil rights complaint, among other things. Employers who violate this law usually dream up another excuse to fire you because they know that retaliation is illegal. But judges look at timing of events to find ulterior motives for dismissing an employee. Suspicious circumstances usually support a legal complaint. Unfortunately, that possibility doesn't stop many employers from dumping lots of people illegally. The state of Texas posted on its website this report: An Analysis of Workers Who Were Fired or Laid Off After a Work-Related Injury. "When injured workers were asked to give their own opinion as to why they were fired or laid off after their injury, most believed it was because they filed a workers' compensation claim; because their doctor said that they couldn't go back to work; or because their employers did not believe that their injury was work-related."You have a contract - Medical residents in hospitals, for example, sign annual contracts with terms including vacation, health insurance, compensation, and other details. They can be dismissed within reason. Otherwise, the termination is wrongful.